Mohan Singh vs Piyush Dhotra Sub Divisional ...
2025 Latest Caselaw 810 J&K

Jammu & Kashmir High Court

Mohan Singh vs Piyush Dhotra Sub Divisional ... on 12 August, 2025

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                Sr. No. 14



        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU

CCP (S) No. 122/2024 in
WP (C) No. 1528/2023

Mohan Singh                                                  .....Appellants

                    Through: Mr. Jasbir Singh, Advocate

               Vs

Piyush Dhotra Sub Divisional Magistrate Katra and others
                                                           ..... Respondents

                    Through: Mr. S. S. Nanda, Sr. AAG
                             Ms. Chetna Manhas, Advocate vice
                             Ms. Monika Kohli, Sr. AAG

CORAM:      HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
                            ORDER

12.08.2025

1. In terms of order/judgment passed by the writ court on

22.12.2023, direction was issued to the Collector Land Acquisition

(SDM) Katra to take a formal decision of de-notifying the land of the

petitioner measuring 01 Kanal, 10 Marlas 01 sarsai under Khasra

No. 56 min situated at Village Kundorian, Katra and to take decision

in conformity with judgment dated 05.09.2012 passed in OWP No.

1556/2010 within a period of six weeks.

2. A series of statement of facts/compliance report, have been filed

by the respondents. According to the respondents, the land in

question was not acquired in terms of award dated 11.04.2023 but it

has been stated that the said land is required for construction of

approach road. However, it appears that no fresh indent has been

placed with the Collector by the indenting department as a result of

which the petitioner is unable to utilize the land and at the same time

because the respondents intend to use the said land, he is not being

allowed to utilize the said land. This situation has created a stalement

which is required to be settled.

3. Accordingly, the respondent-Katra Development Authority is

directed that in case it intends to acquire the land in question, it

shall place an indent with the Collector for its acquisition or in the

alternative judgment of the writ court dated 22.12.2023, whereby,

the respondents have been directed to take a call with regard to

formal decision regarding de-notification of the land in question

shall be implemented in its letter and spirit by filing compliance

report on next date of hearing. A copy of this order be sent to

respondents for information and compliance.

4. List on 29.09.2025.

(SANJAY DHAR) JUDGE JAMMU 12.08.2025 Mahavir